Issues to be Considered While Granting Spousal Support


It is the discretion of a Court to provide spousal support. Many factors are to be considered while awarding spousal support.

Factors to be considered:

1.       Necessity – The most important factor to be considered is whether the spouse to whom the support is awarded is really in need of it. The judge primarily considers whether the person asking for the support has any own income or the capacity to earn. The quantum of income of the person asking for the support is also of primary importance. The details of the claimed amount are also to be furnished before the Court.

  2.       Capacity to pay – The judge takes into consideration the capacity of payment of the person against whom the support is sought for. The total earnings of the income are to be judged at the time of granting the support. 

 3.       Other liabilities of the person – The Court usually keeps in mind the other liabilities of the person against whom the support if sought for. Whether that person has any burden such as loan or any kind of other financial liabilities are also to be considered.

4.       Duration of marriage – The duration of the marriage between the parties are also to be borne in mind while granting the support. The more the lengthy is the marriage the more are the obligations to pay.  If the marriage is of a very short duration the judge has the discretion to refuse awarding the support.

5.       Standard of life – The standard of life which the spouse used to lead prior to their separation has to be kept in mind. The support granted is normally based o the living standard of both the spouses.

6.       Conducts of the parties –   The judges have discretion in awarding spousal support. They may or may not consider the conduct of   a spouse while deciding whether to grant a spousal support. The conduct of any spouse which has lead to the break up between the couple should be always taken into account.

7.       The existing law – The judges have to consider the existing laws prevailing in the country are to be kept in mind while awarding the support, especially the quantum of the support.

8.       Age and health conditions – Another factor of consideration is the age and health conditions of the spouses. Whether any of the spouses is disabled or retired that is to say whether their health conditions make them unable to work is to be considered. If one spouse is a senior citizen or has never worked, he or she might not be able to find an employment. Spousal support will have to be awarded to that person keeping in mind the health conditions of the past as well as that at present.